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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Dinesh Jain – Appellant
Versus
Dhanesh Kumar Jain – Respondent
C.A.(COMM.IPD-TM) 76 of 2021, C.A.(COMM.IPD-TM) 124 of 2021 and C.A.(COMM.IPD-TM) 98 of 2021
Decided On : 03-08-2023
TRADEMARKS - Appeal Withdrawal - The court granted leave to withdraw the appeal with liberty to proceed for seeking removal of the rectification of the Register of trademarks under Section 57 of the Trade Marks Act, 1999.
Fact of the Case:
The appellant sought leave to withdraw the appeal with liberty to proceed for seeking removal of the rectification of the Register of trademarks under Section 57 of the Trade Marks Act, 1999.
Finding of the Court:
The court granted leave and liberty to the appellant as prayed for, and disposed of the appeal accordingly.
Issues:
Ratio Decidendi:
Final Decision: The court granted leave to withdraw the appeal with liberty to proceed for seeking removal of the rectification of the Register of trademarks under Section 57 of the Trade Marks Act, 1999.
ORDER (Oral)
C. Hari Shankar, J.
1. After some hearing, Ms. Zeba seeks leave to withdraw this appeal with liberty to proceed for seeking removal of the rectification of the Register of trademarks by way of appropriate proceeding under Section 57 of the Trade Marks Act, 1999.
2. Leave and liberty is granted as prayed for.
3. The appeal is disposed of as such.
The court's decision was based on the provisions of Section 57 of the Trade Marks Act, 1999, allowing the appellant to seek removal of the rectification of the Register of trademarks.
The court emphasized that the validity of a trademark must be resolved by the Tribunal, and interim relief can be considered despite the challenge pending resolution of validity.
The main legal point established in the judgment is that a rectification petition seeking removal of a device mark from the register of trade marks must establish a fresh cause of action for rectific....
The court can order the removal of a registered mark from the register of Trade Marks if the respondent expresses no objection to its removal.
The court prioritized peaceful resolution and familial harmony in disposing of the petitions seeking rectification of the register of Trade Marks.
The right to cancel a trademark under Section 57 of the Trade Marks Act is independent of ongoing infringement suits and remains available for invocation regardless of related Section 124 implication....
The court emphasized the need for expeditious and meaningful disposal of proceedings, especially in matters relating to intellectual property rights.
The court affirmed that not all amendments to a trademark application are substantial alterations; the amendment's nature must be assessed based on its impact on the original application.
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